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The Bush-Cheney Legacy: Serial Torture and Forced Disappearance in Manifest Violation of Global Human Rights Law
Get PDFPromises Policies and Principles The Supreme Court and Contractual Obligation in Labor Relations
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A Rational Choice Reflection on the Balance Among Individual Rights, Collective Security, and Threat Portrayals Between 9/11 and the Invasion of Iraq
Get PDFThe Village of Kivalina is Falling Into the Sea: Should CERCLA Section 9626(b) Be Available to Move the Village From Harm\u27s Way?
Get PDFThe Village of Kivalina, and other similarly situated Native Alaska villages, are in danger of falling into the sea. Regional climate change is melting the permafrost that acts as the foundation of their communities. Sea ice that once acted as a barrier during storm season today melts earlier, and erosion rates are increasing. Kivalina’s situation is further worsened by the threat of contamination from a nearby open dump. Without permanent relocation, Kivalina and its residents face imminent harm.
Congress has given the President authority to permanently relocate an Indian tribe or Alaska Native village under CERCLA Section 9626(b). This article proposes that the President exercise such authority to protect the health and welfare of Kivalina and its residents. In view of the longstanding trust obligation of the United States to Indian tribes and Alaska Native villages, which is embodied in treaties, statutes, executive orders and court decisions, the President should exercise his clear authority to protect the Village from harm
John Hart Ely: An Influential Constitutional Scholar—Protecting Flag Desecration under the First Amendment
Get PDFTaking the Law Into Their Own Hands: Fence Line Fighting and Environmental Justice, a Journalist\u27s Point of View
Get PDFAn investigative journalist describes how grassroots environmental struggles in three different communities—in Oklahoma, Florida, and Louisiana—contain similarities that reveal larger patterns about the long path communities must follow to achieve environmental justice. Residents living near industry fence lines cannot depend on regulators or industry to protect them, the author concludes, but must gather their own evidence of pollution’s effects. Environmental justice—in the form of reduced pollution or relocation from dangerous plants—is possible. But, as the case studies show, such resolution is achieved only after years of struggle and persistence
Environmental Justice on my Mind: Moving Georgia\u27s Environmental Protection Division Toward the Consideration of Enviornmental Justice in Permitting
Get PDFUnder the Obama Administration, the Environmental Protection Agency (EPA) is leading efforts to incorporate environmental justice measures into its inner-workings. So, too, are numerous other federal agencies. These efforts, however, have little practical effect at the state level where sources of pollution, such as coal-fired power plants and other industrial facilities are granted permits to pollute. Under the cooperative federalism framework that exists today, the federal government cannot directly compel states to consider environmental justice unless such action is required by federal law. Thus, federal guidance pertaining to environmental justice will do little to prevent the pattern of siting pollution sources in low-income and minority communities in Georgia—one of only a few states that have not independently adopted environmental justice measures.
This article summarizes environmental justice efforts at the national level and in Georgia. It also explores the relationship between federal environmental justice policies and the absence of such policies from Georgia’s delegated environmental programs. This article then provides recommendations for indirect action to be taken by the federal government to encourage Georgia to incorporate environmental justice into permit decision-making
